REVISED CONTRACT AWARD NOTIFICATION · FAX NO. 585/768-8189 E-mail: [email protected] ... RS,RP,RA Recycled RM Remanufactured SW Solid Waste Imp act EE Energy Efficient E* EPA Energy

(continued) 02221ta.doc/12md

State of New York Executive Department Office Of General Services

Procurement Services Group Corning Tower Building - 38th Floor

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

REVISED CONTRACT AWARD NOTIFICATION

Title : Group 05602 - DIESEL ENGINE FUEL, LOW SULFUR AND BIO-DIESEL (On-Road Use Only) (Statewide) Classification Code(s): 15

Award Number : 02221 (Replaces Award 00881)

Contract Period : August 16, 2002 to August 14, 2003

Bid Opening Date : April 4, 2002

Date of Issue : July 16, 2002 *Revised 08/08/2002*

Specification Reference : As Incorporated In The IFB.

Contractor Information : Appears on Page 2 of this Award

Address Inquiries To:

State Agencies & Vendors Political Subdivisions & Others Customer Services Name :

Title : Phone : Fax : E-mail :

Russell B. Patton, Jr. Purchasing Officer I 518-474-9621 518-474-1160 [email protected]

Phone : Fax : E-mail :

518-474-6717 518-474-2437 [email protected]

The Procurement Services Group values your input.

Complete and return "Contract Performance Report" at end of document.

Description This award covers the Statewide requirements for Diesel Engine Fuel (On-Road Use Only), Low Sulfur Highway, regular and premium, and Bio-Diesel (for certain counties) for use by State agencies and non-State agencies. PR # 02221-T

GROUP 05602 - DIESEL ENGINE FUEL, LOW SULFUR AND AWARD PAGE 2 BIO-DIESEL (On-Road-Use Only) (Statewide)


NOTE: See individual contract items to determine actual awardees.

CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC59434 24 HOURS FUEL OIL CORP. 718/209-1155 112892274 SB 46 PAERDEGAT 11 ST. Nitzan Neeman BROOKLYN, NY 11236 FAX NO. 718/241-4415 NOTE: 24 Hours offers a .10% cash discount for payment within 15 days of delivery and/or receipt of voucher. PC59435 ADIRONDACK ENERGY 518/483-3835 141719550 SB PRODUCTS, INC. Brian Monette PO BOX 355 FAX NO. 518/483-2005 ELM STREET ROAD MALONE, NY 12953-0355 NOTE: Adirondack will honor orders for less than the listed minimum order at fair market prices (TW only). PC59436 AGWAY ENERGY PRODUCT S LLC 800/633-1564 161551524 PO BOX 4852 315/449-7498 SYRACUSE, NY 13221 Mary Ann Netti FAX NO. 315/449-6388 E-mail: [email protected] NOTE: Agway will honor orders for less than the listed minimum order at fair market prices (TW only). PC59437 COLONIAL COAL YARD, INC. 518/589-5222 141513106 SB D/B/A COLONIAL OIL & GAS Matthew A. Leach 6158 MAIN ST., BOX 595 FAX NO. 518/589-5265 TANNERSVILLE, NY 12485 E-mail: [email protected] Web Site: www.colonialoilgas.com NOTE: Colonial Coal Yard, Inc. will honor orders for less than the listed minimum order at fair market prices (TW only). PC59438 GRIFFITH OIL CO., INC. 800/724-2552 160736353 760 BROOKS AVENUE 716/783-2682 ROCHESTER, NY 14619 Paul Tandlmayer FAX NO. 716/235-6572 E-mail: [email protected] NOTE: Griffith will honor orders for less than the listed minimum order at fair market prices (TW only). PC59439 KUNO OIL CO., INC. 315/386-1000 161373065 SB 5830 COUNTY RTE. 27 Joe Furnia CANTON, NY 13617 FAX NO. 315/386-1471 NOTE: Kuno will honor orders for less than the listed minimum order at fair market prices (TW only).




CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC59440 MAIN BROTHERS OIL CO., INC. 800/542-5552 146024844 PO BOX 11029 518/436-9704 ALBANY, NY 12211 Gary Blauvelt FAX NO. 518/438-5991 E-mail: [email protected] NOTE: Main Brothers will honor orders for less than the listed minimum order at fair market prices (TW only). PC59558 MED ATLANTIC ** 212/421-7782 222924121 SB PETROLEUM CORP. Jacqueline Topping 227 EAST 56TH ST, FAX NO. 212/935-4009 SUITE 402 NEW YORK, NY 10022 NOTE: Med Atlantic will honor orders for less than the listed minimum order at fair market prices (TW only). PC59441 MIRABITO FUEL GROUP 800/934-9480 150552668 44 GRAND STREET 607/561-2700 SIDNEY, NY 13838 Donna S. Pinney OR Bill Lemakos FAX NO. 607/563-1460 E-mail: [email protected] Web Site: www.mirabitofuel.com PC59442 MOHAWK VALLEY OIL 888/735-6456 X240 231743283 9754 RIVER ROAD 315/735-6456 X240 PO BOX A Russell J. Hirschey MARCY, NY 13403 FAX NO. 315/735-0134 E-mail: [email protected] PC59443 NOCO ENERGY CORP. 800/229-6626 160727383 2440 SHERIDAN DRIVE 716/614-1140 OR TONAWANDA, NY 14150 716/614-1124 Gary Preckler OR Rosemary Suszynski FAX NO. 716/832-1312 E-mail: [email protected] Web Site: www.NOCO.com PC59444 SHEPARD OIL CO., INC. 518/762-7812 141469506 SB PO BOX 298 Dean Shepard INDUSTRIAL PARK FAX NO. 518/762-2708 JOHNSTOWN, NY 12095 NOTE: Shepard Oil will honor orders for less than the listed minimum order at fair market prices (TW only).




CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC59445 SPRAGUE ENERGY CORP. 914/701-2831/2730 OR 020415440 287 BOWMAN AVENUE 516/622-7030 PURCHASE, NY 10577 Burr J. Mosher III FAX NO. 914/701-2879 Email: b [email protected] OR [email protected] Web Site: www.spragueenergy.com NOTE: Sprague will honor orders for less than the listed minimum order at fair market prices (TW only). PC59446 T. F. KURK, INC.* 716/824-1298 161091695 SB 2130 CLINTON STREET Greg Kurk BUFFALO, NY 14206 FAX NO. 716/824-1298 E-mail: [email protected] NOTE: Kurk will honor orders for less than the listed minimum order at fair market prices (TW only). PC59559 TOWNSEND OIL CORPORATION 800/369-8187 160809785 SB PO BOX 148 585/768-8188 LEROY, NY 14482 Kevin Brady FAX NO. 585/768-8189 E-mail: [email protected] PC59447 WAREX TERMINALS CORP. 800/724-0818 141470268 SB 1 SO. WATER STREET 845/561-4000 NEWBURGH, NY 12550 Jonathan Lee FAX NO. 845/562-4500 E-mail: [email protected] Web Site: www.warex-terminals.com PC59448 WORLD ENERGY ALTERNATIVES 617/889-7305 043418215 90 EVERETT AVENUE Keith Ciampa OR CHELSEA, MA 02150 June Poste FAX NO. 617/887-2411 Email: [email protected] Web Site: www.worldenergy.net NOTE: World Energy will honor orders for less than the listed minimum order at fair market prices (TW only). *NEW YORK STATE PURCHASING CARD: * T.F. Kurk - This contractor accepts the New York State Purcurement Ca rd for orders up to $2,500.00 with no additional discounts being given. ** MED - Atlantic - This contractor accepts the New York State Procurement Card for orders up to $2,500.00 with an additional discount of 1%.



Cash Discount, If Shown, Should be Given Special Attention.

INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT. (See "Contract Payments" and "Electronic Payments" in this document.)

AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IF THE CONTRACTOR FAILS TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR SERVICES WHICH DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP. SMALL, MINORITY AND WOMEN-OWNED BUSINESSES:

The letters SB listed under the Contract Number indicate the contractor is a NYS small business. Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Woman-owned Business Enterprise.

RECYCLED, REMANUFACTURED AND ENERGY EFFICIENT PRODUCTS:

The Procurement Services Group supports and encourages the purchase of recycled, remanufactured, energy efficient and "energy star" products. If one of the following codes appears as a suffix in the Award Number or is noted under the individual Contract Number(s) in this Contract Award Notification, please look at the individual awarded items for more information on products meeting the suffix description.

RS,RP,RA Recycled RM Remanufactured SW Solid Waste Imp act EE Energy Efficient E* EPA Energy Star ES Environmentally Sensitive

NOTE TO ALL CONTRACT USERS:

The terms and conditions of the bid solicitation which apply to the award appear at the end of this document. We strongly advise all contract users to familiarize themselves with all terms and conditions before issuing a purchase order.

PRICE:

Price is net, per gallon, F.O.B. agency storage tanks, including all custom duties and charges, and as designated by the ordering agency.

Quantity Based on Price Price Item No./ Filed Requirements Item Per Gal. Per Gal. Diesel Fuel by County Gallons No. 2D 1D Contractor Albany

1 Diesel Regular 735,353 1 $.6408 $.6588 Main Bros. 2 Diesel Premium 563,000 2 $.6565 $.6680 Agway Energy 3 BioDiesel 5,000 3 $.8446 $.8782 World Energy Allegany

4 Diesel Regular 263,328 4 $.7154 $.7454 Griffith Oil 5 Diesel Premium 67,000 5 $.7861 $.8161 Griffith Oil 6 BioDiesel 6,000 6 $.8446 $.8782 World Energy



Quantity Based on Price Price Item No./ Filed Requirements Item Per Gal. Per Gal. Diesel Fuel by County Gallons No. 2D 1D Contractor Broome

7 Diesel Regular 958,775 7 $.6433 $.6473 Mirabito Fuel 8 Diesel Premium 684,211 8 $.6959 $.6924 Agway Energy 9 BioDiesel 17,000 9 $.8767 $.8353 Mirabito Fuel Cattaraugus

10 Diesel Regular 143,501 10 $.7039 $.7339 Griffith Oil 11 Diesel Premium 426,400 11 $.7001 $.7301 Griffith Oil Cayuga

12 Diesel Regular 446,301 12 $.6692 $.6992 Griffith Oil 13 Diesel Premium 33,000 13 $.6991 $.6956 Agway Energy 14 BioDiesel 5,000 14 $.8946 $.9282 World Energy Chautauqua

15 Diesel Regular 228,000 15 $.6845 $.7145 Griffith Oil 16 Diesel Premium 23,500 16 $.7072 $.7372 Griffith Oil 17 BioDiesel 21,000 17 $1.2446 $1.2782 World Energy Chemung

18 Diesel Regular 209,800 18 $.6375 $.6675 Griffith Oil 19 Diesel Premium 201,200 19 $.6737 $.7037 Griffith Oil Chenango

20 Diesel Regular 271,755 20 $.6483 $.6603 Mirabito Fuel 21 BioDiesel 15,000 21 $.8967 $.8353 Mirabito Fuel Clinton

22 Diesel Regular 461,990 22 $.6806 $.6273 Adirondack Energy 23 Diesel Premium 32,500 23 $.6961 $.7301 Agway Energy 24 BioDiesel 50,000 24 NO AWARD Columbia

25 Diesel Regular 122,150 25 $.6432 $.6669 Agway Energy 26 Diesel Premium 243,500 26 $.6432 $.6669 Agway Energy 27 BioDiesel 5,500 27 $.8946 $.9282 World Energy

Cortland

28 Diesel Regular 139,039 28 $.6446 $.6717 Mohawk Valley 29 Diesel Premium 108,000 29 $.7095 $.7060 Agway Energy



Quantity Based on Price Price Item No./ Filed Requirements Item Per Gal. Per Gal. Diesel Fuel by County Gallons No. 2D 1D Contractor Delaware

30 Diesel Regular 420,750 30 $.6558 $.6503 Mirabito Fuel 31 BioDiesel 7,000 31 $.8246 $.8582 World Energy Dutchess

32 Diesel Regular 1,203,127 32 $.6420 $.6430 Warex Terminals 33 Diesel Premium 358,250 33 $.6511 $.6751 Agway Energy 34 BioDiesel 80,000 34 $.9646 $.9982 World Energy Erie

35 Diesel Regular 832,246 35 $.6376 $.6686 Kurk Fuels 36 Diesel Premium 378,500 36 $.6486 $.6806 Kurk Fuels 37 BioDiesel 2,000 37 $.7896 $.8186 Kurk Fuels Essex

38 Diesel Regular 410,600 38 $.6635 $.6935 Griffith Oil 39 Diesel Premium 77,725 39 $.6932 $.7252 Agway Energy Franklin

40 Diesel Regular 242,781 40 $.6712 $.6253 Adirondack Energy Fulton

41 Diesel Regular 112,113 41 $.6093 $.6683 Shepard Oil 42 Diesel Premium 244,000 42 $.6093 $.6683 Shepard Oil 43 BioDiesel 6,000 43 $.9946 $1.0282 World Energy Genesee

44 Diesel Regular 121,000 44 $.6386 $.6435 Townsend Oil Greene

45 Diesel Regular 148,500 45 $.6533 $.6953 Colonial Coal Yard 46 Diesel Premium 122,000 46 $.6636 $.6876 Agway Energy Hamilton

47 Diesel Regular 164,000 47 $.6932 $.7252 Agway Energy Herkimer

48 Diesel Regular 149,500 48 $.6333 $.6903 Shepard Oil 49 Diesel Premium 155,000 49 $.6333 $.6903 Shepard Oil



Quantity Based on Price Price Item No./ Filed Requirements Item Per Gal. Per Gal. Diesel Fuel by County Gallons No. 2D 1D Contractor Jefferson

50 Diesel Regular 532,350 50 $.6581 $.6881 Griffith Oil 51 Diesel Premium 2,600 51 $.6579 $.6879 Griffith Oil

Kings

52 Diesel Regular 8,200 52 $.6410 $.6015 Twenty Four Hrs. 53 Diesel Premium 7,000 53 $.6510 $.6115 Twenty Four Hrs. Lewis

54 Diesel Regular 81,900 54 $.6893 $.7083 Agway Energy Livingston

55 Diesel Regular 388,800 55 $.6436 $.6435 Townsend Oil 56 Diesel Premium 11,000 56 $.6477 $.6435 Townsend Oil 57 BioDiesel 5,000 57 $.8446 $.8782 World Energy Madison

58 Diesel Regular 252,050 58 $.6826 $.7016 Agway Energy 59 Diesel Premium 108,500 59 $.7051 $.7016 Agway Energy 60 BioDiesel 6,500 60 $.8446 $.8782 World Energy Monroe

61 Diesel Regular 2,961,755 61 $.6348 $.6648 Griffith Oil 62 Diesel Premium 719,200 62 $.6487 $.6787 Griffith Oil 63 BioDiesel 43,000 63 $.7946 $.8282 World Energy Montgomery

64 Diesel Regular 223,042 64 $.6093 $.6683 Shepard Oil 65 Diesel Premium 73,000 65 $.6093 $.6683 Shepard Oil Nassau

66 Diesel Regular 490,900 66 $.6410 $.6015 Twenty Four Hrs. 67 Diesel Premium 1,144,248 67 $.6460 $.6065 Twenty Four Hrs. 68 BioDiesel 83,500 68 $.8246 $.8582 World Energy New York

69 Diesel Premium 54,000 69 $.6510 $.6065 Twenty Four Hrs. Niagara

70 Diesel Regular 295,400 70 $.6419 $.6719 Kurk Fuels 71 Diesel Premium 30,000 71 $.6529 $.6849 Kurk Fuels



Quantity Based on Price Price Item No./ Filed Requirements Item Per Gal. Per Gal. Diesel Fuel by County Gallons No. 2D 1D Contractor Oneida

72 Diesel Regular 996,279 72 $.6536 $.6836 Griffith Oil 73 Diesel Premium 84,000 73 $.6681 $.6981 Griffith Oil Onondaga

74 Diesel Regular 513,850 74 $.6405 $.6705 Griffith Oil 75 Diesel Premium 665,000 75 $.6459 $.6759 Griffith Oil 76 BioDiesel 28,000 76 $.8246 $.8582 World Energy Ontario

77 Diesel Regular 357,800 77 $.6579 $.6879 Griffith Oil 78 Diesel Premium 413,500 78 $.6742 $.7042 Griffith Oil Orange

79 Diesel Regular 962,300 79 $.6420 $.6530 Warex Terminals 80 Diesel Premium 948,570 80 $.6590 $.6700 Warex Terminals 81 BioDiesel 7,000 81 $.8146 $.8482 World Energy Orleans

82 Diesel Regular 339,500 82 $.6304 $.6435 Townsend Oil 83 BioDiesel 25,000 83 $.9985 $.7551 Noco Energy Oswego

84 Diesel Regular 889,900 84 $.6361 $.6481 Mohawk Valley 85 Diesel Premium 422,900 85 $.6609 $.6909 Griffith Oil 86 BioDiesel 40,000 86 $.8646 $.8982 World Energy Otsego

87 Diesel Regular 242,912 87 $.6553 $.6653 Mirabito Fuel Putnam

88 Diesel Regular 68,000 88 $.6370 $.6505 Warex Terminals 89 Diesel Premium 490,000 89 $.6351 $.6591 Agway Energy 90 BioDiesel 200,000 90 $.7946 $.8282 World Energy Queens

91 Diesel Regular 8,000 91 $.6510 $.6065 Twenty Four Hrs. Rensselaer

92 Diesel Regular 362,000 92 $.6438 $.6578 Main Bros. 93 Diesel Premium 307,000 93 $.6588 $.6728 Main Bros.



Quantity Based on Price Price Item No./ Filed Requirements Item Per Gal. Per Gal. Diesel Fuel by County Gallons No. 2D 1D Contractor Richmond

94 Diesel Regular 17,000 94 $.6902 $.7142 Sprague Energy 95 BioDiesel** 2,065,000 95 $.7273 $.5953 Med Atlantic Pet. Rockland

96 Diesel Regular 77,775 96 $.6655 $.6764 Warex Terminals 97 Diesel Premium 674,650 97 $.6825 $.6934 Warex Terminals 98 BioDiesel 45,000 98 $.9046 $.9382 World Energy St Lawrence

99 Diesel Regular 474,000 99 $.6214 $.6427 Kuno Oil 100 Diesel Premium 76,000 100 $.6518 $.6701 Kuno Oil Saratoga

101 Diesel Regular 454,000 101 $.6582 $.6802 Agway Energy 102 Diesel Premium 402,000 102 $.6283 $.6803 Shepard Oil Schenectady

103 Diesel Regular 546,000 103 $.6532 $.6802 Agway Energy 104 Diesel Premium 49,000 104 $.6532 $.6802 Agway Energy Schoharie

105 Diesel Regular 367,000 105 $.6592 $.6852 Agway Energy 106 Diesel Premium 70,863 106 $.6592 $.6852 Agway Energy 107 BioDiesel 8,000 107 $.8146 $.8482 World Energy Schuyler

108 Diesel Regular 79,750 108 $.6635 $.6935 Griffith Oil 109 Diesel Premium 90,000 109 $.6260 $.6560 Griffith Oil Seneca

110 Diesel Regular 146,691 110 $.6640 $.6940 Griffith Oil 111 Diesel Premium 53,000 111 $.7001 $.6966 Agway Energy Steuben

112 Diesel Regular 986,360 112 $.6519 $.6819 Griffith Oil 113 Diesel Premium 142,000 113 $.6737 $.7037 Griffith Oil **This requirement includes approximately 2,000,000 gallons that are dependent upon satisfactory completion of a pilot program with the Staten Island Ferry. In addition to over-water delivery with 150' foot hose, this fuel may require barge delivery.



Quantity Based on Price Price Item No./ Filed Requirements Item Per Gal. Per Gal. Diesel Fuel by County Gallons No. 2D 1D Contractor Suffolk

114 Diesel Regular 2,448,983 114 $.6410 $.6015 Twenty Four Hrs. 115 Diesel Premium 2,166,990 115 $.6485 $.6065 Twenty Four Hrs. 116 BioDiesel 48,000 116 $.8946 $.9282 World Energy Sullivan

117 Diesel Regular 192,015 117 $.6570 $.6630 Warex Terminals 118 Diesel Premium 251,000 118 $.6693 $.6933 Agway Energy 119 BioDiesel 6,000 119 $.8446 $.8782 World Energy Tioga

120 Diesel Regular 220,000 120 $.6472 $.6772 Griffith Oil Tompkins

121 Diesel Regular 209,000 121 $.6514 $.6814 Griffith Oil 122 Diesel Premium 587,263 122 $.6591 $.6891 Griffith Oil Ulster

123 Diesel Regular 396,100 123 $.6695 $.6605 Warex Terminals 124 Diesel Premium 582,000 124 $.6631 $.6871 Agway Energy 125 BioDiesel 27,000 125 $.8796 $.9132 World Energy Warren

126 Diesel Regular 108,000 126 $.6476 $.6616 Agway Energy 127 Diesel Premium 570,000 127 $.6476 $.6616 Agway Energy Washington

128 Diesel Regular 324,600 128 $.6532 $.6852 Agway Energy 129 Diesel Premium 203,500 129 $.6532 $.6852 Agway Energy Wayne

130 Diesel Regula r 292,750 130 $.6405 $.6705 Griffith Oil 131 Diesel Premium 298,731 131 $.6653 $.6953 Griffith Oil 132 BioDiesel 7,000 132 NO AWARD Westchester

133 Diesel Regular 1,434,639 133 $.6651 $.6651 Sprague Energy 134 Diesel Premium 1,722,567 134 $.6721 $.6712 Sprague Energy 135 BioDiesel 21,500 135 $.8596 $.8932 World Energy



Quantity Based on Price Price Item No./ Filed Requirements Item Per Gal. Per Gal. Diesel Fuel by County Gallons No. 2D 1D Contractor Wyoming

136 Diesel Regular 143,068 136 $.6386 $.6435 Townsend Oil Yates

137 Diesel Regular 60,000 137 $.6400 $.6700 Griffith Oil 138 Diesel Premium 80,000 138 $.6507 $.6807 Griffith Oil EMERGENCY DELIVERY PROVISION: In the event of, and for the duration of, any state of emergency or disaster declared by the Governor, the contractor for any county in which the emergency or disaster is officially declared shall be prepared to provide continuous twenty-four hour service as directed by the State. For the purpose of maintaining necessary communications and services, the contractor has designated, in the space provided below, a primary and, if available, a secondary contact person or title. The contractor guarantees that the persons so designated will be available throughout the emergency. Contractor: 24 Hrs. Fuel Oil Corp. Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Kings, Nassau, 46 Paerdegat Sam Jacoby, President 718-209-1155 New York, Queens, 11 St. Nitzan Neeman Vice President 718-209-1155 Suffolk Brooklyn, NY Contractor: Adirondack Energy Products Guaranteed Delivery: 1 day A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Clinton, Malone, NY Brian Monette, Vice President 518-483-3835 Franklin Joe Gaglianese Bus. Manager 518-483-1779



EMERGENCY DELIVERY PROVISION: (Cont'd) Contractor: Agway Energy Products LLC Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Albany, Hess/Rensselaer, NY Glenn Super- 518-436-0851 Clinton, Columbia, (Albany) Slaymaker Intendant Dutchess, Essex, Greene, Hamilton, Saratoga, Schenectady, Schoharie, Warren, Washington Broome, Cayuga, Vestal, NY Shane Martin Manager 607-729-0500 Cortland, Madison Lou Zorn Operator Cayuga, Seneca, Geneva, NY Lee Davidson Manager 315-789-5893 Dave Burgeson Operator Cayuga, Lewis, Brewerton, NY Dusty Lawrence Manager 315-668-6260 Madison Steve Ingram Operator Dutchess, Putnam, Hess/Newburgh Chris Rodden Super- 845-561-5420 Sullivan, Ulster Intendant Lewis Marcy, NY Bill Kolwaite Manager 315-724-4178 Steve Bubb Operator Contractor: Agway SECONDARY CONTACT FOR ALL COUNTIES: Mary Ann Netti, Bid/Contract Specialist Syracuse, NY 315-449-7498 800-633-1564 Colonial Coal Yards, Inc. Guaranteed Delivery: 1 day A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Greene Tannersville Matt leach Managing Director 518-589-5222 Mike Leach Vice President 518-589-5222



EMERGENCY DELIVERY PROVISION: (Cont'd) Contractor: Griffith Oil Co., Inc. Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Allegany, Cattaraugus, 24 Hr. Service for Paul Tandlmayer Manager 1/800-955-5992 Cayuga, Chautauqua, Emergencies Commercial Sales 716-783-2682 Chemung, Essex, 1/800-724-2552 Jefferson, Monroe, Oneida, Onondaga, Ontario, Oswego, Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne, Yates Contractor: Kuno Oil Co., Inc. Guaranteed Delivery: 24 Hrs. (1 day) A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) St. Lawrence 5830 Co. Rt. 27 Joseph Furnia Retail Fuel 315-386-1000 Canton, NY Manager Contractor: Main Bros. Oil Co. Guaranteed Delivery: 1 day A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Albany, Albany Gary Blauvelt Customer 518-436-9704 Rensselaer Services Contractor: Med Atlantic Petroleum Guaranteed Delivery: 1 day A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Richmond Elizabeth, NJ Jackie Topping Mgr. Supply 212-945-0849 Fontaine Archer Vice Pres. 718-531-9701



EMERGENCY DELIVERY PROVISION: (Cont'd) Contractor: Mirabito Fuel Group Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Broome, Chenango, 44 Grand St. Gene Fuller General Mgr. 607-561-2700 Delaware, Otsego Sidney, NY Donna Pinney Bid Administrator 607-561-2714 Contractor: Mohawk Valley Oil Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Cortland, Cortland Ray Russell Manager 607-753-3043 Oswego Syracuse Thor Maher Manager 315-474-7531 Contractor: NOCO Energy Corp. Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Orleans 700 Grand George Klein Dispatcher 716-504-3307 Island Blvd. Tonawanda, NY Contractor: Shepard Oil Co., Inc. Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Fulton, Herkimer, Johnstown, NY Dean R. Shepard President 518-762-7812 Montgomery, Saratoga Contractor: Sprague Energy Corp. Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Richmond, Purchase, NY Bill Rice C/S Manager 914-701-2713 Westchester Burr Mosher Director 914-701-2831



EMERGENCY DELIVERY PROVISION: (Cont'd) Contractor: T. F. Kurk, Inc. Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Erie, 2130 Clinton St. Greg Kurk President 716-824-1298 Niagara Buffalo, NY Contractor: Townsend Oil Corp. Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Genesee, Livingston, 122 West Main Tom Lowe Plant Foreman 585-738-6742 Orleans, Wyoming LeRoy, NY Burt Davis Service Mgr. 585-738-6750 Contractor: Warex Terminals Corp. Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Dutchess, Orange Newburgh, NY Jonathan Lee Logistics 845-561-4000 Putnam, Rockland, Manager Ext. 134 Sullivan, Ulster 800-724-0818 Contractor: World Energy Alternatives Guaranteed Delivery: 2 days A/R/O Terminal Contact Phone County Address Person(s) Title Number(s) Albany, Allegany, Various Keith Ciampa Executive VP 617-889-7305 Broome, Cayuga, Statewide Chautauqua, Columbia, Delaware, Dutchess, Fulton, Livingston, Madison, Monroe, Nassau, Onondaga, Orange, Oswego, Putnam, Rockland, Schoharie, Suffolk, Sullivan, Ulster, Westchester REQUEST FOR CHANGE:

Any request by the agency or contractor regarding changes in any part of the contract must be made in writing to the Office of General Services, Procurement Services Group, prior to effectuation.



CONTRACT PAYMENTS:

Payments cannot be processed by State facilities until the contract products have been delivered in satisfactory condition or services have been satisfactorily performed. Payment will be based on any invoice used in the supplier's normal course of business. However, such invoice must contain sufficient data including but not limited to contract number, description of product or service, quantity, unit and price per unit as well as federal identification number. State facilities are required to forward properly completed vouchers to the Office of the State Comptroller for audit and payment. All facilities are urged to process every completed voucher expeditiously giving particular attention to those involving cash discounts for prompt payment. If the contract terms indicate political subdivisions and others authorized by law are allowed to participate, those entities are required to make payments directly to the contractor. Prior to processing such payment, the contractor may be required to complete the ordering non-State agency's own voucher form. See "Contract Billings" in Appendix B, OGS General Specifications.

PRICE:

Price is net, per gallon F.O.B. agency storage tanks, including all custom duties and charges, and as designated by the ordering agency. It shall be the contractor's responsibility to satisfy agency requirements by furnishing blended product when called for during the time period indicated in the Detailed Specifications. If the contractor extends special allowances during the term of the contract to Federal, State, Local Governments or to commercial users in the normal course of doing business, New York State requires that such allowances will also be available to the State in the maximum amount extended to others who contract to purchase diesel fuel under similar contractual terms and conditions. Contract prices are firm except that price revisions shall be permitted in accordance with the PRICE REVISION CLAUSE set forth herein and with respect to certain taxes and duties as follows: "After-imposed tax" means any new or increased Federal, State and local excise tax or duty, except social security or other employment taxes, on diesel fuel purchased under any contract to be awarded hereunder which the contractor is required to pay or bear the burden of as the result of legislative, judicial, or administrative action taking effect after the date of contract award. "After-relieved tax" means any amount of Federal, State and local excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on diesel fuel purchased under any contract to be awarded hereunder which the contractor is not required to pay or bear the burden of, or for which the contractor obtains a refund or drawback, as the result of legislative, judicial or administrative action taking effect after the date of contract award. The price includes all applicable Federal, State and local taxes and duties. NOTE the State of New York and its political subdivisions are exempt from New York State and local sales taxes and federal excise taxes (except as noted below re: nongovernmental exempt organizations). The price for diesel fuel under any contract awarded hereunder shall be increased by the amount of any after-imposed tax, unless the legislative, judicial or administrative act says otherwise, if the contractor states in writing that such contract price does not include any contingency for such after-imposed tax. Such increase shall be prospective only and becomes effective upon such written notice and on the effective date of the next scheduled price revision. The price for diesel fuel under any contract awarded hereunder shall be decreased by the amount of any after-relieved tax. Such decrease shall be effective when realized or by no later than the next scheduled price revision. The contract price shall also be decreased by the amount of any excise tax or duty, except social security or other employment taxes, that the contractor is required to pay or bear the burden of, or does not obtain a refund for, through the contractor's fault or negligence. The contractor shall promptly notify the Purchasing Officer of all matters relating to any excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price for diesel fuel.



NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS:

New York State political subdivisions and others authorized by New York State law may participate in contracts. These include, but are not limited to local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See "Participation in Centralized Contracts" in Appendix B, OGS General Specifications. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), the terms of the "Price" clause shall be modified to include delivery to locations adjacent to New York State. Upon request, all eligible non-State agencies must furnish contractors with the proper tax exemption certificates and documentation certifying eligibility to use State contracts. A list of categories of eligible entities is available on the OGS web site (www.ogs.state.ny.us). Click on "For Government-Contracts and Purchasing," then "About Procurement," then "Non-State Agency Legal References." Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to OGS Procurement Services Group's Customer Services at 518-474-6717.

NOTE: RE: NONGOVERNMENTAL EXEMPT ORGANIZATIONS:

The State of New York, its agencies, instrumentalities and, political subdivisions are exempt from sales tax, excise taxes, and pass-through of the petroleum business tax. The same is not true of the nongovernmental participants. Certain nongovernmental participants are exempt from sales tax when purchasing most commodities available under the OGS contracts. To obtain exempt status the organization must apply to the Tax Department and must receive an Exempt Organization Certificate and exemption number. When claiming exemption on purchases, the exempt organization must provide a properly completed Exempt Organization Certification to its suppliers. However, the tax exempt status of these organizations does not extend to purchases of petroleum products. Nongovernmental exempt organizations, other than hospitals, must, when purchasing gasoline and diesel motor fuel, pay the sales and excise taxes to their suppliers and apply to the Tax Department for refund. Suppliers selling petroleum products to nongovernmental exempt organizations must include such sales in computing their petroleum business tax liability. There is no exemption provided in the petroleum business tax for sales to nongovernmental organizations. Additionally, the law does not provide a refund to these organizations for any petroleum business tax passed through to them.

PRICE REVISIONS:

Contract prices are firm except that price revisions will be permitted in accordance with the following procedure: Separate revisions to the original contract price shall be based on prices in the JOC Group Oil Price Daily for Kerosene and Diesel, under the heading, “Daily Petroleum Prices”, Albany Reseller only, which are designated for low sulfur products. 1D and 2D Prices will fluctuate according to the “Kerosene” and “Low Sulfur Diesel” postings selected.

The simple average of the high and low prices shown in the JOC Group Oil Price Daily postings will be used to compute price revisions during the contract period. Procurement Services Group will compute any price revisions by determining the difference between the Posted Price on February 21, 2002 and the Posted Price on every Thursday during the contract period beginning with the JOC Group Oil Price Daily of August 15, 2002. The aforementioned mechanism for weekly price revisions would then be applied to the contract prices throughout the contract period. Price revisions will be rounded at four (4) decimal places for all price adjustments throughout the contract period. Applicable price changes will be effective as of the start of business on the following Friday. If the prices are not posted on Thursday, the previous business day on which the specified prices are posted will be utilized. The average published price on February 21, 2002 for 1D is $.6353. The average published price on February 21, 2002 for 2D (low-sulfur) is $.5933.



PRICE REVISIONS: (Cont'd)

The terms “Posting Day” or “Posted Price” as used throughout this Award, refers to the actual day the prices are posted.

Should the weekly price revision cycle not provide adequate price adjustments, because of rapid changes in worldwide petroleum prices, the State reserves the right to increase the frequency of the price revisions to a daily basis. The daily basis will utilize postings Monday through Friday with applicable price changes to be effective as of the start of business on the following day. Weekend prices will be based on Friday's posting. The Friday posting will also stay in effect on Monday holidays. Prices in effect for mid week or Friday holidays will be the same as for the preceding day. Also, refer to "NOTE" concerning "Posting Day" below.

NOTE: In the event postings are not posted on a specified “Posting Day”, the “Posting Day” for that week will be

the day previous when postings are available. If on any “Posting Day” only a single price is posted, negating the averaging process, the State normally uses the single posting as both the high and low prices, however, the State reserves the right to utilize the last posting immediately preceding said JOC Group Oil Price Daily in which the missing price was posted until such time as both entries are again posted. Should postings differ from current description and/or format, a posting determined, by the Commissioner in his sole discretion, to be most reflective of market conditions will be used.

Corrections to posted prices previously posted in the JOC Group Oil Price Daily will be considered only when caused by a typographical or clerical error on the part of said service provider. The following clauses shall apply to all price adjustments under any contract awarded:

(1) Price increases are limited to changes in pre-selected postings as noted above. Increases in contract costs

or prices to compensate for other increases in the cost of doing business, regardless of the cause or nature of such costs of the contractor, will not be allowed during the contract period.

(2) Should the price structure utilized by the parties become unworkable for the State, detrimental or injurious

to the State, or result in prices which are not truly reflective of current market conditions and the price is deemed unreasonable or excessive by the Commissioner, and no adjustment in price is mutually agreeable, the Commissioner reserves the sole right upon 10 days written notice mailed to the contractor to terminate any contract resulting from this bid opening. If the contractor is unable or unwilling to meet contractual requirements in whole or in part, it shall immediately notify the State of that fact in order that the State may take appropriate action. Such notification shall be in writing and shall be directed to the Office of General Services, Procurement Services Group.

(3) Price adjustments will continue using the same method if contract is extended. PRICE REVISIONS FOR BIODIESEL:

The price revision procedure for 1D to be used for winter mixes with B20 BioDiesel shall be the same as described above in "Price Revisions" and "NOTE". The price revision procedure for B20 BioDiesel will be as follows:

The BioDiesel pricing shall be based on 80% of the low sulfur diesel average as described above plus 20% of the

soybean oil price based on the average price between the low and high of soybean oil per pound as shown in The Wall Street Journal's "Cash Prices - Fats and Oils" for each Thursday's Posted Prices, using a multiplier of 8.3452 to convert to gallons.

The Procurement Services Group will compute any price revisions by determining the difference between the combined posted prices on Thursday, February 21, 2002 and the combined posted prices on every Thursday during the contract period beginning with the publication of August 15, 2002. Applicable price changes will be effective as of the start of business on the following Friday. If the prices are not posted on Thursday, the previous business day on which the specified prices are posted will be utilized.



PRICE REVISIONS FOR BIODIESEL: (Cont'd)

The average posted price for Thursday February 21, 2002 for soybean oil is $.1458/lb. Using the multiplier of 8.3452 that converts to a price of $1.2167 gal. for soybean oil. 20% of that figure ($.2433 plus 80% of the 2D base of .5933 ($.4746) yields a February 21, 2002 base price for B20 fuel of $.7179/gal. In order to arrive at the adjustment for B20 fuel for a future week, subtract the current base price for Thursday, February 21, 2002 ($.7179) from the current week's combined average price (for example, $.7479/gal.) which yields a price change of +$.0300/gal. for BioDiesel.

All other terms and conditions as stated above in "Price Revisions" and "NOTE" will apply to BioDiesel also. EXTENSION OF USE:

Any contract hereunder may be extended to additional States or governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the contractor. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions.

INVOICES:

In billing for winter mixes, invoices will include current contract price for each grade, type mixture furnished and computation of total price.

EXAMPLE - Delivery of 4000 gallons of 2D/1D winter mix at a 1/1 ratio: 2,000 gals. x Adjusted 2D price = total cost of 2D product +2,000 gals. x Adjusted 1D price = total cost of 1D product Invoice Total = total cost for delivery GUARANTEE:

The contractor guarantees to furnish adequate protection from damage to agency’s buildings, grounds and/or equipment occurring on account of or in connection with, or occasioned by, or resulting from the furnishing and delivering of diesel engine fuel under this contract and shall be liable for any damages for which he or his employees are responsible. This liability includes but is not limited to oil spills occurring during delivery. The contractor shall provide constant surveillance during delivery by having a person in attendance at all times at the point of transfer. Oil spills shall be immediately reported to the agency Business Office to effect contact with a representative of the Department of Environmental Conservation. A collect call can be placed twenty-four hours a day with the New York State Department of Transportation at 518-457-7362.

DELIVERY:

Delivery is expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be made in accordance with instructions on Purchase Order from each agency. If there is a discrepancy between the purchase order and what is listed on the contract, it is the contractor's obligation to seek clarification from the ordering agency and, if applicable, from the Office of General Services, Procurement Services Group.

MINIMUM DELIVERY:

Shall be not less than 150 gallons to each tank at each delivery location (site) as determined by the delivery schedule. Purchases of less than minimums qualify for contract pricing at vendor's discretion, including tank top-offs for tank testing. However, in no case shall pricing exceed contractor's normal retail pricing for purchase of less than 150 gallons, regardless of delivery circumstances.



ESTIMATED QUANTITIES:

The quantities or dollar values listed are estimated only. See "Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B, OGS General Specifications.

CONTRACT PERIOD AND RENEWALS:

It is the intention of the State to enter into a contract for the term as stated herein. If mutually agreed between the Procurement Services Group and the contractor, the contract may be renewed under the same terms and conditions for additional period(s) not to exceed a total contract term of five (5) years.

SHORT TERM EXTENSION:

In the event the replacement contract has not been issued, any contract let and awarded hereunder by the State, may be extended unilaterally by the State for an additional period of up to one month upon notice to the contractor with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), prices, and delivery requirements. With the concurrence of the contractor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim.

RESERVATION:

The State reserves the right to negotiate lower pricing, or to advertise for bids, any unanticipated excessive purchase. An "unanticipated excessive purchase" is defined as an unexpected order for a contract product(s) totaling more than $50,000.00.

DELIVERY SCHEDULES:

In accordance with the "EXTENSION OF PRICES" clause herein, the contracts issued herein are extended to Political Subdivisions as well as State agencies. The delivery schedules (based on Requirement Letter RL135) are provided as a guide to indicate proposed delivery points and estimated annual requirements. This information is included to clarify delivery conditions, where possible. Any specific questions regarding the site conditions should be directed to the end-user at the telephone number shown on the delivery schedule. The Delivery Schedules are available upon direct request to this office. Please provide your request on company letterhead with a valid e-mail address and we will send electronically the delivery schedule to the party indicated. Contractors shall be obligated to deliver under the contract to any State agency which places a purchase order under said contract, whether or not such delivery location is identified in the delivery schedules. Any political subdivision or other non-State entity which has not filed a requirement with Procurement Services Group as of the date of the bid opening shall be eligible to receive deliveries at contractor's option only, upon placement of a valid purchase order to the contractor's address as indicated in the award. At contractors request, contractors will be advised in writing regarding political subdivisions or other non-State entities which have filed on a timely basis but do not appear on the delivery schedule.

SERVICES:

Contractor must be prepared at all times to furnish engineering service, when so requested and to investigate and report to the using agency and this Division on any complaint that might arise in connection with the use of contractor’s Diesel Fuel in State equipment. This engineering service will include but not be limited to the diagnosis of fuel related engine problems in the agency’s equipment.

FILL AND VENT REQUIREMENTS:

Agencies must ensure that fill and vent equipment adequately meet NYS Standards. Contractors have the responsibility of reporting faulty equipment to the end users and the appropriate NYS regulatory agencies.



NOTE:

Contractor's delivery trucks WILL BE EQUIPPED WITH METERS, with the exception of motor transports, to accurately measure quantities delivered. Metered deliveries must be accompanied by a delivery ticket showing brand or grade and number of gallons delivered. Supplementing Articles 45 and 46 of Appendix B, General Specifications for Procurement Contracts, orders will call for delivery within a specified number of days after date of order. As much time as possible will be allowed the contractor for making deliveries; however, the contractor shall be in a position to make bulk deliveries within 24 hours after receipt of order. Contractor must be prepared, at all times, to make prompt delivery as ordered. In emergencies, fuel must be delivered within twenty-four (24) hours of notification. Contractors must be prepared to deliver in a timely manner, on a one time basis per Agency tank, that amount of fuel oil necessary to fill subject tanks for the purpose of tank testing conducted by the Office of General Services at various locations providing minimum order requirements are met. (See “MINIMUM DELIVERY” clause). Normal deliveries are considered to be Monday thru Friday. Saturday/Sunday deliveries are to be made on an emergency basis (and not a regular basis) ONLY. Agencies are responsible for making certain that the delivery site is made ready for proper delivery by the contractor. Failure of the agency to make appropriate arrangements preventing delivery of product upon contractor’s arrival at delivery site, may result in a charge to the agency for the contractor’s transportation costs for that particular trip. Agencies should also make certain that receiving personnel are available at time of delivery. Agencies should also refer to CL-414 dated February 14, 2001 as they are responsible for the implementation of monitoring programs to insure compliance by supplier with these specification requirements.

TOPPING OFF TANKS:

Agency requests to top-off tanks for testing purposes must be honored as described elsewhere herein. The requesting agency may be required to sign a waiver of liability and responsibility on behalf of the contractor.

REPORT OF CONTRACT PURCHASES:

Contractor shall furnish report of purchases made from contract the fifteenth of the month following the end of each six month period. The reports shall be in the following format:

Item/

SubItem Number

Product or Catalog

Number

Product/ Service

Description

Total

Quantity Shipped

Total $ Value

The report is to be submitted to the Office of General Services, Procurement Services Group, Tower Bldg., Empire State Plaza, Albany, NY 12242, to the attention of the individual shown on the front page of the Contract Award Notification and shall reference the Group Number, the Invitation for Bids Number, Contract Number, sales period, and contractor's name. Additional related sales information, such as monthly reports, and/or detailed user purchases may be required and must be supplied upon request. Failure to submit the required report may be cause for disqualification of contractor for future contracts.

SAMPLES TO BE SUBMITTED BY CONTRACTOR:

The contractor may be required to submit samples. See "Samples" in Appendix B, OGS General Specifications.



EMERGENCY PURCHASING:

In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of the Executive Law, or that the Commissioner determines pursuant to his/her authority under Section 163(10)(b) of the State Finance Law that an emergency exists requiring the prompt and immediate delivery of products or services, the Commissioner reserves the right to obtain such products or services from any source, including but not limited to this contract, as the Commissioner in his/her sole discretion determines will meet the needs of such emergency. Contractor shall not be entitled to any claim or lost profits for products or services procured from other sources pursuant to this paragraph.

NEW YORK STATE PROCUREMENT CARD:

See "Procurement Card" in Appendix B, OGS General Specifications. AUTOMATIC REPLENISHMENT:

After having received a written request from the purchaser for "automatic replenishment" the contractor will comply at its option and shall notify agency accordingly.

GRADE - TEMPERATURE SCHEDULE:

The contractor will be responsible for delivery of straight 1D, straight 2D or straight BioDiesel, or any blend of 1D and 2D or BioDiesel as listed in the detailed specifications. Agencies desiring a mix other than normally required under these specifications must notify the Office of General Services and the contractor in writing of the specific mix desired. Also, unless the agency specified otherwise when ordering, the contractor will adhere to the following schedule:

Grade/Mix Temperatures Costing Formula #2D Spring/Summer/Early Fall* Current Contract Price (above 20°F ambient). *Early Fall - used up to October #1D Winter (coldest areas) Current Contract Price. (sub zero ambient to -40°F). #2D/1D Winter Mix: Current Contract Price See Low Temperature Operability/ for respective gallon- Performance Characteristics under age of each grade Detailed Specifications section supplied. herein. SAMPLING OF DIESEL FUEL OIL:

Fuel oil delivered shall be subject to sampling and testing at the discretion of the purchasing Agency and/or the OGS Procurement Services Group. Normally, all samples collected for testing should be taken from delivery truck at the time of delivery. The samples shall be collected in accordance with ASTM D4057-88(95) [IP #MPMS (Chapter 8.1)], or latest revision thereof. The usual method of sampling is a three-way bottle/container sampling taken at an upper, a middle, & a lower sample point from the delivery vehicle. The sample container is a normally closed stopper type and operator opens it at each point to obtain a proportional amount of the sample. Product samples taken at the Agency’s dispensing pump shall be considered representative of a disputed fuel oil delivery, when the contractor has delivered one or more consecutive loads of fuel oil to the tank’s content which is in dispute. Additionally, when the purchasing Agency’s documentation indicates that previously delivered fuel oil is less than five percent of the tank’s fuel oil volume following any disputed delivery, and the previously delivered fuel oil performed and/or tested satisfactorily, then a sample taken from the pump shall be considered representative of the fuel oil delivered.



NON-COMPLYING PRODUCT - DELIVERY:

Deliveries of fuel oil may be sampled at the contractor’s loading point or at the point of delivery by a representative of the Office of General Services, Procurement Services Group and/or the purchasing Agency’s personnel. The methods of sampling and testing will be as listed elsewhere herein. When it is found that fuel oil delivered does not comply with the specification requirements, the contractor, at its own cost and expense, may be required to remove all such sub-standard fuel oil from the purchaser’s tank(s) and replace it with fuel oil meeting the specifications, if such removal is so instructed by the Office of General Services, Procurement Services Group within a maximum time period of twenty-four (24 hrs) hours. When an inspection of the tank(s) after the removal of the sub-standard product indicates that the delivered product has rendered the tank(s) unsuitable for use, then the contractor may be responsible for cleaning of the tank(s) so affected, if such cleaning is so instructed by the Office of General Services, Procurement Services Group. The State may cancel the contract and may purchase the balance of the contract quantities in the open market at the contractor’s expense, if, in the opinion of the Commissioner of General Services, the fuel delivered fails to meet the specific requirements; or, if the fuel is found to contain objectionable dirt, or excess sediment; and/or an excessively high cold filter plugging point.

NON-COMPLYING PRODUCT - DELIVERY-OPERABILITY/PENALTY-DEDUCTIONS:

Deductions shown hereafter will be made from the invoice price, or subsequent agency invoices, for delivering fuel oil that does not comply with the detailed specifications, whether or not the fuel oil in question has been consumed by the purchasing Agency. These deductions shall be a flat rate per fill incident, adjusted for the number of non-complying delivery incidents at an individual tank.

Equipment shall be operable (regardless of weather conditions) when fueled from a delivery made within the last (preceding) thirty days. A penalty shall be assessed for each tank fill incidence which causes inoperability of equipment using that delivered fuel. This inoperability penalty shall be in addition to the “PENALTY DEDUCTION” assessed for not complying to one (or more) of the NON-COMPLYING PRODUCT characteristics stated hereinafter.

NON-COMPLYING PRODUCT - FLASH POINT - PENALTY DEDUCTION:

When the delivered fuel oil’s flash point is found to be greater than four (4°F) degrees Fahrenheit lower than the specified requirement, a deduction from the contracted invoice price shall be taken as stated in the “PENALTY DEDUCTION TABLE” found elsewhere herein.

NON-COMPLYING PRODUCT - WATER & SEDIMENT CONTENT - PENALTY DEDUCTION:

When the delivered fuel oil’s water and sediment content is found to be greater than five hundredths (0.05%) of a percent above the specified requirement, a deduction from the contracted invoiced price shall be taken as stated in the “PENALTY DEDUCTION TABLE” found elsewhere herein.

NON-COMPLYING PRODUCT - VISCOSITY - PENALTY DEDUCTION:

When the delivered fuel oil’s viscosity is found to be greater than two (2) seconds above the specified maximum requirement, a deduction from the contracted invoiced price shall be taken as stated in the “PENALTY DEDUCTION TABLE” found elsewhere herein.



NON-COMPLYING PRODUCT - SULFUR CONTENT - PENALTY DEDUCTION:

When the delivered fuel oil’s sulfur content is found to be greater than 0.059% a deduction from the contracted invoiced price shall be taken as stated in the “PENALTY DEDUCTION TABLE” found elsewhere herein. If any delivered product is found to contain incorrect dye, then all fuel in the tank shall be removed and replaced with an equal quantity of (clear or red dyed, tax exempt) complying product. The penalty shall be assessed regardless of whether the non-complying fuel oil delivery is removed or not removed.

NON-COMPLYING PRODUCT - CETANE INDEX - PENALTY DEDUCTION:

When the delivered fuel oil’s cetane index is found to be greater than two (2) cetane below the specified minimum requirement/s (i.e., 40 &/or 43.5), a deduction from the contracted invoiced price shall be taken as stated in the “PENALTY DEDUCTION TABLE” found elsewhere herein. The deduction shall be applied to Calculated Cetane Index deficiencies and/or Engine Cetane Index deficiencies. The State may consider waiving these penalties (or adjusting them) if certified documentation of fuel quality is provided for fuel containing adequate additives. The State reserves the right to require engine Cetane testing at the contractor’s expense when calculated Cetane is lower than the specified Cetane Index.

NON-COMPLYING - ASH CONTENT - PENALTY DEDUCTION:

When the delivered fuel oil’s ash content is greater than fifteen thousandths of a percent (0.015%), a deduction from the contracted invoiced price shall be taken as stated in the “PENALTY DEDUCTION TABLE” found elsewhere herein.

NON-COMPLYING PRODUCT - COLD FILTER PLUGGING POINT (CFPP) TEMPERATURE - PENALTY DEDUCTION:

When the delivered fuel oil’s Cold Filter Plugging Point (CFPP) temperature is found to be greater than one (1°C) degree Centigrade above the specified maximum requirement for the respective delivery area and delivery period, a deduction from the contracted invoiced price shall be taken as stated in the “PENALTY DEDUCTION TABLE” found elsewhere herein.

The penalty shall be assessed regardless of whether the non-complying fuel oil delivery is removed or not removed and regardless of equipment operability. If equipment is not operable because of failure of the supplier/contractor to adjust fuel and additive mix to ensure proper operation in a respective temperature period/zone, then a penalty shall be charged in addition to the preceding CFPP penalty and/or regardless of whether or not the preceding CFPP penalty is assessed.



NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PENALTY DEDUCTIONS:

Description of

Non-Complying Characteristic

Limiting

Value

Respective Amount

of Deduction

Equipment Operability

Respective Amount

of Deduction FLASH POINT Type: #1D #2PD/1D&2D/1D #2D & 2PD

LESS THAN 116°F 118°F 121°F

1st incident charged at $100.00 per

tank fill*;

WHENEVER

USE OF

1st incident charged at $100.00 per

tank fill*;

WATER AND SEDIMENT

greater than 0.07%

DELIVERED

VISCOSITY (max) SUS at 100°F: Type: #1D: #2D & 2PD

greater than

35 S 40 S

2nd incident charged at

$250.00 per tank fill*;

DIESEL

FUEL

2nd incident charged at

$250.00 per tank fill*;

SULFUR CONTENT (0.05%, Max)

greater than 0.059%

CAUSES

CETANE INDEX NO. Calculated: Engine:

less than 40 CCI 43.5 CI

EQUIPMENT

ENGINE/S

ASH, % mass 0.01% (max):

greater than 0.015%

TO NOT

COLD FILTER PLUGGING POINT For OCTOBER Use For NOVEMBER Use For DECEMBER Use For JANUARY Use For FEBRUARY Use For MARCH Use

greater than **North/South -12°C/-10°C -17°C/-14°C -30°C/-23°C -33°C/-25°C -33°C/-24°C -25°C/-18°C

Three or more incidences, charged at

$500.00 per tank fill*.

OPERATE

(SHUTDOWN),

DEDUCT THE

FOLLOWING:

Three or more incidences, charged at

$500.00 per tank fill*.

* “Tank fill”, as used in this Table, shall be an individual (drop) fuel delivery into a purchasing facility’s fuel

storage tank by the contractor’s authorized delivery vehicle. ** “North/South”, as used in this Table, shall respectively designate the temperature limits for facilities which are

located north of 42° latitude and others which are located south of 42° latitude. FOR STANDARD PETROLEUM DIESEL FUEL ACRONYMS AND DEFINITIONS: ASTM: The acronym, “ASTM” shall be used as a designation for the American Society for Testing and Materials. CFPP: The acronym, “CFPP” shall be used as a designation for the Cold Filter Plugging Point of the fuel. IP: The acronym, “IP” shall be used as a designation for the Institute of Petroleum.



ACRONYMS AND DEFINITIONS: (Cont'd) 1D (1-D) The symbols 1D and/or 1-D shall be used as a grade designation for light distillate diesel fuel oils used in

vehicular diesel engines and in higher volatility applications than provided by grade 2-D fuel oils. 2D (2-D) The symbols 2D and/or 2-D shall be used as a grade designation for middle distillate diesel fuel oils used in

vehicular diesel engines and in non-vehicular applications having frequently varying loads and speeds. 2PD (P-D) The symbols 2PD and/or 2-PD shall be used as a grade designation for premium distillate diesel fuel oils used in

vehicular diesel engines & in non-vehicular applications having frequently varying loads & speeds along with requirements for higher cetanes, special enhancers & inhibitors.

UNIVERSAL DETAILS

All products provided shall be homogenous fuel oil, suitable for diesel engines, and they shall conform to the requirements of ASTM D975-(rA96), Table 1, or latest revision thereof, except as listed differently elsewhere herein.

NOTE: All test references shall be ASTM method, as indicated herein, or approved equivalents.

DYE MARKER CONTENT:

All product provided shall be free of visible evidence of the blue dye 1.4-diakylamino-anthraquinone. This requirement shall be in full compliance with Federal CCA*, Part 80, Section 80.29 & State NYCRR, or latest revisions thereof. Except, solvent RED dye 164 may be used for Federal tax exempt.

*CCA = Clean Air Act FLASH POINT:

The specified minimum Flash Point for Fuel Oils provided under this contract shall be: 120°F for 1D; 122°F for 2PD/1D and 2D/1D (50/50 blend); and 125°F for 2D and 2PD. Delivered product having a flash point below the respective requirement given above, shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having a flash point greater than ten (10°F) degrees Fahrenheit below the specified minimum shall be re moved from the purchasing agency’s tank and replaced with product conforming to specifications. The Flash Point shall be determined using ASTM Test Method D93-01 (IP #34/85), or latest revision thereof, Flash Point by Pensky-Martens Closed Tester.

WATER AND SEDIMENT:

The intended Water & Sediment (W & S) content for Fuel Oils provided under this contract shall be two hundredths (0.02% V/V) of a percent. Delivered product having a water & sediment content greater than five hundredths (0.05% V/V) of a percent shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having a water & sediment greater than five hundredths (0.05% V/V) of a percent shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications, at purchasing agency’s discretion based on excessive filter maintenance and/or poor vehicle performance. The Water & Sediment content shall be determined using - ASTM Test Method D1796-97 [r90] (IP #75/82), or latest revision thereof. Product with W & S over 0.02% V/V but not over 0.05% V/V, shall have additives ensuring smooth engine combustion and may be considered for this solicitation. A haze rating @ 25°C (77F) shall be a maximum of 2 using ASTM Method D4176-93 (Procedure 2) or latest revision thereof.



UNIVERSAL DETAILS (Cont'd)

VISCOSITY:

The specified maximum Viscosity for Fuel Oils provided under this contract shall be: thirty three (33 SUS @100°F) Saybolt Universal Seconds at one hundred degrees Fahrenheit, maximum, for 1-D fuel oil; and thirty eight (38 SUS @100°F) Saybolt Universal Seconds at one hundred degrees Fahrenheit, maximum, for 2-D and 2-PD fuel oils. Delivered product having a viscosity greater than 33 SUS @ 100°F or 38 SUS @ 100°F, respectively, shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having a viscosity greater than 35 SUS @ 100°F for 1-D; or 40 SUS @ 100°F for 2-D or 2-PD shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications, at purchasing agency’s discretion based on excessive filter maintenance and/or poor vehicle performance. The Viscosity shall be determined using ASTM Test Method D445-01 (IP #71/84), or latest revision thereof; and ASTM D2161-93, conversion of Kinematic Viscosity to Saybolt Universal Seconds (Table 1), or latest revision thereof relative to the individual characteristics of the product being tested.

CLOUD POINT:

The maximum cloud point temperature shall be equal to the tenth percentile minimum ambient temperature listed elsewhere herein under the heading LOW TEMPERATURE OPERABILITY PERFORMANCE. The maximum cloud point temperature for product, delivered from APRIL through the Summer use period, shall be thirty one (31°F) degrees Fahrenheit [minus five tenths (-0.5°C) of a degree Centigrade]. The Cloud Point shall be determined using ASTM Test Method D2500-99 (IP #219/82), or latest revision thereof; or ASTM D3117-96e1, alternate method in accordance with ASTM D975-01 procedures.

COLD FILTER PLUGGING POINT (CFPP):

The specified maximum CFPP for low temperature operability/performance of fuel oils provided under this contract shall be twenty seven (27°F) degrees Fahrenheit [fifteen (15°C) degrees Centigrade] below the specified cloud point. The CFPP shall be determined using Institute of Petroleum Test Method IP #309/83, or Delivered product having a CFPP temperature greater than one (1°C) degree Centigrade above the maximum but less than seven and one-half (7.5°C) degrees Centigrade above the maximum shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having a CFPP temperature of seven and one-half (7.5°C) degrees Centigrade, or greater, above the maximum shall be removed from the site upon the State’s request and the contractor shall pay a price penalty as stated elsewhere herein regardless of whether the fuel oil delivery is removed or not removed. Respective CFPP temperatures shall be listed elsewhere herein.

SULFUR:

The specified maximum Sulfur content for Fuel Oils provided under this contract shall be five hundredths of a percent, per table which follows. Delivered product having a sulfur content greater than five hundredths of a percent (0.05%) shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having a sulfur content greater than that allowed by NYCRR, Title 6 Environmental Conservation Law, Chapter III Air Resources, Subchapter A, Subpart 225-1.2.(d) Table 2 shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications. The Sulfur content shall be determined using ASTM D2622-98, or ASTM D4294-98; or latest revisions thereof relative to the individual characteristics of the product being tested.

SUMMARY OF SULFUR CONTENT (REQUIREMENTS)

Geographical Area of the State Percent of Sulfur by Weight (Maximum) Statewide Highway Vehicles: 0.05% (five-hundredths of a percent).




TYPE OF USE REQUIREMENTS:

Effective 01 October 1993, and thereafter, the maximum sulfur content shall be 0.05% (five hundredths of a percent) for all diesel fuel used in highway vehicle motors. This shall apply to all highway vehicles (diesel engine) Statewide. All off-highway equipment motors shall comply to the prior geographical area requirements for sulfur content, or engine manufacturer’s recommendation whichever is stricter.

CETANE RATING:

The specified minimum cetane value for Fuel Oils provided under this contract shall be a forty-two (42.0 CCI) Calculated Cetane Index. Delivered product having a calculated cetane index below forty two (42.0) CCI shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having a calculated cetane index below forty (40.0) CCI shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications. The Calculated Cetane Index value shall be determined using ASTM Test Method D976-91 (IP #364/84), or latest revision thereof; or ASTM D4737-96, or latest revision thereof; relative to the individual characteristics of the product being tested. When a given sample is determined to be in non-compliance of either or both (Calculated & Engine) Cetane Index requirements, then the greater deviation shall be the figure used for the price deduction requirements; except when the Engine Cetane Index exceeds its specified requirement, the “Non-Complying Product - Cetane Content/Price Deduction” shall be waived.

ASH:

The specified maximum ASH content for Fuel Oils provided under this contract shall be one hundredth (0.01%) of a percent, maximum by weight. Additionally, a product having an excessive ash content shall be removed and/or adjusted in price as specified elsewhere herein. The Ash content shall be determined using ASTM Test Method D482-01 (IP #4/81), or latest revisions thereof - relative to the individual characteristics of the product being tested. Delivered product having an ash content above the maximum by greater than two thousandths (0.002%) of a percent above the maximum but less than one tenth (0.10%) of a percent above the maximum shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having an ash content of one tenth (0.10%) of a percent by wgt., or greater, above the maximum specified shall be removed from the site upon the State’s request and the contractor shall pay a price penalty as stated elsewhere herein regardless of whether the fuel oil delivery is removed or not removed. Respective ash contents shall be listed elsewhere herein.

DIESEL FUEL OIL REQUIREMENTS:

The fuel oil supplied under this contract shall meet the universal details listed previously, the seasonal and other listed requirements which follow: The fuel oil supplied shall be visually free of undissolved water, sediment, suspended matter, and shall be clear & bright at the ambient temperature, or seventy (70°F) degrees Fahrenheit, whichever is higher. Fuel oil supplied shall NOT contain any alcohol. The winter mix diesel fuel oil & premium diesel supplied shall meet their respective requirements as listed elsewhere herein. In addition, these grades of fuel oil shall conform to the “LOW TEMPERATURE OPERABILITY PERFORMANCE” requirements listed later herein.

GRADE 2D (2-D), DIESEL (REGULAR) FUEL OIL:

Grade 2D fuel oil shall meet specifications listed previously herein & it shall be suitable for use in spring/summer/fall climate conditions.

GRADE 1D (1-D), DIESEL FUEL OIL:

The Grade 1D fuel oil shall meet the specifications listed previously herein and it shall be suitable for use during winter (sub zero) climate conditions. Kerosene (1- K) meeting and/or exceeding the parameters stated herein for 1D will be considered in lieu of 1D as part of this specification/solicitation.




GRADE 2D/1D, WINTER MIX (REGULAR DIESEL/KERO) DIESEL FUEL OIL:

The Grade 2D/1D, Winter Mix, fuel oil shall meet the specifications listed previously herein and it shall be suitable for use during winter (purchasing Agency’s local ambient temperature) climate conditions. It shall be proportioned to provide a cloud point equal to the tenth (10th) percentile minimum ambient temperature expected for the region and period of use.

GRADE 2PD/1D (WINTER MIX), PREMIUM DIESEL FUEL OIL:

The Winter Mix Premium Grade Diesel Fuel Oil shall be a homogenous mixture of the base diesel fuel oils (1D & 2D) and specific purpose additives formulated to improve overall product performance. The additives shall be comparable to those stated for - 2PD hereinafter and the aforementioned heading, ADDITIVE (MULTI-PURPOSE DIESEL FUEL WINTERIZATION).

GRADE 2PD, PREMIUM DIESEL FUEL OIL:

The Premium Grade Diesel Fuel Oil shall be a homogenous mixture of 2D base diesel fuel oil and specific purpose additives formulated to improve overall product performance. The additives are as follows:

Detergents - shall be included to remove gum and/or varnish build-up on fuel system components. They shall

carry removed substances to the fuel filter where the substances are separated from the product. At the injectors they shall dissolve and remove combustion deposits from the orifice tip, maintaining required spray patterns for proper combustion. Detergents shall meet the parameters of CRC L-10 Superior Maximum Demerit Rating requirements (10 max.)

Corrosion/Rust Inhibitors - shall be included to prevent the rusting and/or corroding of the cleansed surfaces in the fuel system. The presence of the required corrosion inhibitors in the fuel oil shall be determined using NACE (National Association of Corrosion Engineers) standard test method number TM0172. This method is an “A” - spindle test having a grading range from “A” through “E”; “A” indicating no corrosion and “E” indicating extreme corrosion. The Premium Diesel Fuel Oil supplied shall have a rating of B5++0, or better, when tested by this method.

Stabilizer - shall inhibit oxidation of the fuel oil, reducing darkening & sludge formation in the fuel oil as it ages

(during prolonged storage periods). The presence of the required stabilizer (degradation inhibitors) in the fuel oil shall be determined using Dupont’s standard test method number F2161. This method is a thermally accelerated degradation process which measures stability based on substance accumulation on a ten micron filter which is compared to a standardized chart. The Premium Diesel Fuel Oil supplied shall have a rating of seven (7), or lower, when tested by this method.

De-hazer - shall remove any traces of moisture that might be suspended in the fuel oil mixture and/or any ambient

moisture which might condense in the product. it shall disperse/separate such moisture (water) from the fuel and result in fuel oil clarity.

Visual Indicator - should be included in all premium diesel fuel oil. The indicator shall be a fluorescent dye

which is clearly distinguishable from the standard base fuel oil’s color with the use of a black light, etc. Red dye - visible (daylight) to the naked eye indicates Federal Tax Exempt.

Premium grade diesel fuel oil which does not conform to the stabilizer, corrosion ratings specified herein shall be removed or an adequate additive shall be provided. The NYS, OGS, S&P Group, Director’s decision to remove or accept corrective additive amounts (provided & intermixed at the contractor’s cost & expense) to the fuel oils in question shall be final.




PREMIUM CETANE RATING:

The premium diesel [Grade 2PD & 2PD/1D (Winter Mix)] fuel oil shall contain the respective (specified) combination of the base fuel oil/s (1D & 2D) and it shall meet all the specifications listed elsewhere herein for those base fuel oils. In addition to its base fuel oil meeting the Calculated Cetane Index value specified previously herein for all the fuel oils. The premium fuel oil shall have a total (calculated plus cetane improvers) Cetane Index value of forty five and one-half (45.5) Cetane. ASTM Test Method D976-91 (IP #364/84), or latest revision thereof; or ASTM D4737-96, or latest revision thereof, shall be used for calculating whether the Cetane number is 45.5. However, the premium grade diesel fuel oil’s Cetane Index value shall be determined using (the engine ignition method) ASTM Test Method D613-01 (IP #41/81), or latest revision thereof, when the previously specified calculated method for cetane of the base fuel oil is less than a 45.5 cetane value. The premium fuel oil shall conform to the specified Cetane Index listed herein, both Calculated Cetane Index and Engine Cetane Index (D613). When a given sample is determined to be in non-compliance of either or both Cetane Index requirements, then the greater deviation shall be the figure used for the price deduction requirements; except when the Engine Cetane Index exceeds its specified requirement, the “Inferior Cetane Content/Price Deduction” shall be waived.

CETANE IMPROVER:

At the manufacturer's recommended full strength dosage ratio, this additive shall include a 2-ethyl-hexyl-nitrate cetane improver which shall increase the cetane value of the fuel by a minimum of four (4) numbers (i.e., a 42.0 cetane fuel shall raise to a cetane of 46.0, or better). A minimum of thirty (30%) percent of the additive package shall be cetane improver.

COLD FILTER FLOW IMPROVER:

At the manufacturer’s recommended full strength dosage ratio, this additive shall include a cold filter flow improver which shall provide a maximum fuel oil CFPP temperature which is eighteen (18°F) degrees Fahrenheit [ten (10°C) degrees Centigrade] below the respective Cloud Point temperatures listed elsewhere herein under the heading “LOW TEMPERATURE OPERABILITY/PERFORMANCE CHARACTERISTICS:”. Winter Mix delivered for use during the months of November through March shall have a cold filter flow improver as specified previously.

DETERGENT:

This additive shall possess detergent characteristics. It shall meet the parameters of CRC L-10 Superior Maximum Demerit Rating requirements (10 max.) and it shall pass a verifiable, objective dynamometer test which proves keep-clean or clean-up ability relative to untreated fuel oil. The Mercedes Benz OM-616 Coker Test, or comparable test, shall be acceptable for proof of performance.

CORROSION INHIBITORS:

At the manufacturer’s recommended full strength dosage ratio, this additive shall possess corrosion inhibitors which shall ensure a B++, or better, NACE rating (steel spindle test).

WATER DISPERSAL:

This additive shall provide water dispersant characteristics which neither: completely shed water, nor completely emulsify the water. It shall emulsify water in the fuel oil being treated at a controlled rate of one hundred (100 gal) gallons, maximum, per million gallons of fuel being treated.

DEICING CAPABILITY:

At the manufacturer’s recommended full strength dosage ratio, this additive shall provide adequate deicing capability.




ADDITIVE REFERENCE: (WINTER MIX, CFPP IMPROVER)

Any additive supplied under this contract shall be: AGA/Truck-Pro (Carter Chem.) product named “Artic Arnol”, or NALCO Chemical Co. product code number “88BK108 Liquid”, or comparable product; meeting the minimum requirements of this specification.

REQUIREMENTS SUMMARY PARAMETER TEST METHOD 1D FUEL OIL 2D FUEL OIL 2PD FUEL OIL Flash Point, min.: D93-00 120°F 125°F 125°F

Water & Sed., max.: D1796-97 0.02%V/V 0.02% V/V 0.02% V/V

Water & Sed., Haze Rating, max.: D4176-93 2.0 2.0 2.0

Viscosity, max.: D445-97/D2161-93 33SUS@100°F 38SUS@100°F 38SUS@100°F

Ash, %mass, Max. D482-00 0.01 0.01 0.01

Sulfur, % mass, max.: D2622-98 0.05% 0.05% 0.05% or D4294-98

Cetane Index (Calculated) D4737-96 42.0 (min.) 42.0 (min.) 45.5 (min.)

Cetane Number (Engine) D613-00 42.0 (min.) 42.0 (min.) 45.5 (min.)

Aromaticity, % vol, D1319 - 99 (possible min.): ---- 27.0 27.0 (max.): 35.0 35.0 35.0

Cloud Point, OC max. D2500-99 same as Ambient Temp, OCT thru MAR

CFPP Point, OC, max. IP309/83 see Low Temperature Operability table

Carbon Residue (mass %), max, on 10% Ramsbottom: D524-00 0.15 0.35 0.35

Corrosion Inhibitors TM0172, NACE mfr’s std. mfr’s std. B5++0 or better

Stabilizer F2161, Dupont mfr’s std. mfr’s std. “7”, or less BLENDING/DELIVERY REQUIREMENTS:

All fuel oil delivered which contains combinations of 1D, 2D, or winterizing additives shall be blended at the bulk plant, or via a dual/multiple manifold on the truck which mixes them for a simultaneous delivery. Delivery/ies via a non-manifold type truck (i.e., product which is not premixed) should not be accepted. Cetane and cold filter plugging point (CFPP) parameters shall be met regardless of product mix.



LOW TEMPERATURE OPERABILITY/PERFORMANCE CHARACTERISTICS: The WINTER MIX (2D/1D) and premium diesel, 2PD/1D (WINTER MIX), fuel oil deliveries shall conform to

the cloud point and cold filter plugging point temperatures within this section and shall ensure that the maximum percentage of 2D fuel is included in the mix relative to those maximum temperature points. The percentage of 1-D fuel oil used to ensure the proper CFPP temperature shall not exceed fifty (50%) percent of the base oils mix ratio. When necessary to ensure compliance with low temperature characteristics, the use of winterizing additives which meet the conditions stated elsewhere herein shall be required. Cummins states that their engines need a fuel with 60% (minimum) #2 diesel content for Winter Mix.

The fuel oils shall meet the following respective low temperature operability/performance characteristics when tested in accordance with ASTM D975-96 and the test methods listed herein under the heading “UNIVERSAL DETAILS”.

WINTER MIX

PERFORMANCE

PERIODS

AMBIENT TEMPERATURE and

CLOUD POINT (maximum) _____________________________

42°LAT/North - South -42°LAT

CFPP TEMPERATURE

(maximum) __________________________ 42°LA T/North - South 42°LAT

Deliveries OCTOBER with Next NOVEMBER Scheduled DECEMBER Replenish- JANUARY ment FEBRUARY In MARCH ________________________ Delivery In All Other Periods

+26°F(- 3°C) +31°F(-0.6°C) +17°F(- 8°C) +23°F(- 5°C) - 2°F(-19°C) + 7°F(-14°C) -2°F(-19°C) + 3°F(-16°C) -2°F(-19°C) + 5°F(-15°C) + 3°F(-16°C) +16°F(- 9°C) ______________________________ +26°F(- 3°C) +31°F(-0.6°C)

+ 8°F(-13°C) +13°F(-11°C) - 1°F(-18°C) + 5°F(-15°C) -24°F(-31°C) -11°F(-24°C) -29°F(-34°C) -15°F(-26°C) -29°F(-34°C) -13°F(-25°C) -15°F(-26°C) - 2°F(-19°C) __________________________ + 8°F(-13°C) +13°F(-11°C)

WINTER MIXES: In regard to NYS DOT sites, the regional equipment manager (transportation motor equipment manager) has the

discretion to mandate the winter mixes that will exceed the chart above for cloud point at individual sites. NOTE: When the National Weather Service projects extended cold periods with ambient temperatures significantly lower

than those listed above or a particular locale frequently/usually has lower ambient temperatures, then the oil supplied relative to those deliveries shall have the maximum cloud & cold filter plugging point temperatures lowered to meet actual low ambient operability requirements.



DETAILED SPECIFICATIONS

FOR BIODIESEL

Address inquiries relative to Detailed Specifications to Procurement Services Group, Telephone Number 518-474-9621, Attn: Russell Patton.

SCOPE:

It is the intent of this specification to describe requirements for a fuel blend containing 20% BioDiesel fuel (see definitions below) with 80% low sulfur diesel fuel oil(s). Such fuel blends have come to be known as "B20" fuel blends. The intended use for the B20 BioDiesel fuel blend described herein is for use in all diesel fuel consuming vehicles and equipment systems suitable for such fuel and provided that the fuel is consumed within a period of six months. NOTE: These fuel blends are relatively new to the marketplace and, as such, full and complete knowledge of their behavior and properties under various use conditions is not currently available. Prospective users of these materials are therefore cautioned to carefully read and understand the section titled "BioDiesel Usage Considerations" before deciding to purchase and use these fuels.

ACRONYMS AND DEFINITIONS: ASTM: The acronym, “ASTM” shall be used as a designation for the American Society for Testing and Materials. BioDiesel (B100): BioDiesel fuel is composed of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal

fats, designated B100 or 100% BioDiesel fuel, as defined in ASTM PS 121-99. ASTM PS 121-99 covers low sulfur BioDiesel (B100) for use as a blend component with diesel fuel oils.

CFPP: The acronym, “CFPP” shall be used as a designation for the Cold Filter Plugging Point of the fuel. IP: The acronym, “IP” shall be used as a designation for the Institute of Petroleum. 1D (1-D) The symbols 1D and/or 1-D shall be used as a grade designation for light distillate diesel fuel oils used in

vehicular diesel engines and in higher volatility applications than provided by grade 2-D fuel oils. 2D (2-D) The symbols 2D and/or 2-D shall be used as a grade designation for middle distillate diesel fuel oils used in

vehicular diesel engines and in non-vehicular applications having frequently varying loads and speeds. BIODIESEL USAGE CONSIDERATIONS:

There are many positive benefits attributed to the use of B20 BioDiesel fuel as compared to normal "Petro Diesel" fuel. The most mentioned are decreased emissions of various pollutants, increased engine life, reduced reliance on uncertain petro fuel sources, renewable fuel source and safety in handling. However, there are also a number of properties of BioDiesel fuel that potentially impact on equipment, storage and OEM warranty coverage. These considerations are detailed below.

Fuel Filters: Fuel filters on the vehicles and in the delivery system should be checked frequently upon initial BioDiesel use and changed as necessary. BioDiesel and BioDiesel blends have excellent solvent properties and may affect cellulosic filters due to solubility of resin and binders used in those filters. Glass fiber based filters manufactured without the use of binders are probably not affected.



DETAILED SPECIFICATIONS (Cont’d FOR BIODIESEL

BIODIESEL USAGE CONSIDERATIONS: (Cont'd)

Sediment: Use of 2D Diesel fuel can leave a deposit in the bottom of fueling lines, tanks, and delivery systems over time. The use of BioDiesel can dissolve this sediment and result in the need to change filters more frequently when first using BioDiesel until the whole system has been cleaned of the deposits left by the petrodiesel.

Solvent Properties: BioDiesel is an excellent solvent. BioDiesel can, if left on a painted surface long enough, dissolve certain types of paints. Therefore, it is recommended to wipe any BioDiesel or BioDiesel blend spills from painted surfaces immediately. In addition, BioDiesel blends can soften and degrade certain types of elastomers and natural rubbers over time. There materials may be used in fuel systems. OEM's of vehicles/engines should be contacted for specific information and concerns in this area.

Spontaneous Combustion: BioDiesel is made from vegetable oils and/or animal fats which can oxidize and degrade over time. The oxidizing process can produce heat. In certain environments a pile of oil-soaked rags can become hot enough to result in a spontaneous fire. BioDiesel soaked rags should be stored in a safety can or dried individually to avoid the potential for spontaneous combustion..

Storage: All fuels have a shelf life. This is also true with BioDiesel and BioDiesel blends. Available data indicates that B20 BioDiesel fuel should be used within six months of manufacture. Fuels determined to have a Total Acid Number (by ASTM D664) of greater than 0.25KOH/g are not recommended for use.

OEM Considerations: The impact of BioDiesel use on warranty coverage varies by vehicle/engine manufacturer. Major engine manufacturers have all issued statements regarding the use of BioDiesel fuel as it pertains to their warranty coverage. BEFORE deciding to use B20 fuel, prospective users should make sure they have checked with the manufacturers of their diesel equipment for considerations and concerns related to that usage. Copies of the major manufacturers statements regarding warranty impact of using BioDiesel may be obtained from the National BioDiesel Board at (800) 841-5849.

DYE MARKER CONTENT:

All product provided shall be free of visible evidence of the blue dye 1.4-diakylamino-anthraquinone. This requirement shall be in full compliance with Federal CCA*, Part 80, Section 80.29 & State NYCRR, or latest revisions thereof. Except solvent RED dye 164 may be used for Federal tax exempt.

FINISHED FUEL REQUIREMENTS FOR B20 BIODIESEL MATERIAL: The finished B20 BioDiesel fuel blend shall be prepared using the following feedstocks:

1D Light Distillate Diesel Fuel: As described above and meeting the requirements listed under the Diesel Fuel feedstock portion of this spec and as listed in listed in Table 2

2D Middle Distillate Diesel Fuel: As described above and meeting the requirements listed under the Diesel Fuel feedstock portion of this spec and as listed in listed in Table 2

BioDiesel (B100) Fuel: BioDiesel fuel composed of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats and meeting the requirements of ASTM PS 121-99 "Provisional Specification for BioDiesel Fuel (B100) Blend Stock for Distillate Fuels”.




WORKMANSHIP:

The finished B20 BioDiesel fuel blend shall be visually free from undissolved water, sediment, and suspended matter. It shall be clear and bright when tested in accordance with ASTM D 4176-93, procedure 1 or 2.

PHYSICAL AND CHEMICAL REQUIREMENTS:

The BioDiesel portion of the finished B20 BioDiesel fuel blend shall be 20% by volume of B100 BioDiesel fuel with a tolerance of +/-1%. Remaining 80% of the final blend shall be composed of 1D and 2D Diesel fuel in proportions as necessary to produce an end product meeting the requirements listed in Table 1.

TABLE 1: (See also "Further Notes on Table 1 Requirements" following actual table)

PARAMETER TEST METHOD B20 Biodiesel Fuel Flash Point, min.: D93-01 125°F

Water & Sed., max.: D2709-96 0.05% V/V

Water & Sed., Haze Rating, max.: D4176-93 2.0

Viscosity, max.: D445-97/D2161-93 38SUS@100°F

Ash, %mass, Max. D482-00 0.01

Sulfur, % mass, max.: D2622-98 or D4294-98

0.05%

Cetane Index (Calculated) D4737-96 42.0 (min.)

Cetane Number (Engine) D613-01 42.0 (min.)

Aromaticity, % vol, Max. D1319 - 99 28.0 Cloud Point, OC max. D2500-99 As s hown in the "Low

Temperature Operability" Table

CFPP Point, OC, IP309/83 As shown in the "Low Temperature Operability"

Table Carbon Residue (mass %), max, on 10% Ramsbottom:

D524-00 0.35

Total Acid Number (TAN), mg KOH/g , maximum

ASTM D664-01 0.25

Corrosion Inhibitors TM0172, NACE mfr’s std.

Stabilizer F2161, Dupont mfr’s std.

DETAILS OF TABLE 1 REQUIREMENTS FLASH POINT:

Delivered product having a flash point below the respective requirement given in Table 1 shall be adjusted in price as detailed in the NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PENALTY DEDUCTIONS . Delivered product having a flash point greater than ten (10°F) degrees Fahrenheit below the specified minimum shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications.




WATER AND SEDIMENT:

Delivered product having a water & sediment content greater than five hundredths (0.05% V/V) of a percent shall be adjusted in price as detailed in the NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PENALTY DEDUCTIONS. Delivered product having a water & sediment greater than seven hundredths (0.07% V/V) of a percent shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications, at purchasing agency’s discretion based on excessive filter maintenance and/or poor vehicle performance.

VISCOSITY:

The specified maximum Viscosity for Fuel Oils provided under this contract shall be thirty eight (38 SUS @100°F) Saybolt Universal Seconds. Delivered product having a viscosity greater than 38 SUS @ 100°F, respectively, shall be adjusted in price as detailed in the NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PENALTY DEDUCTIONS. Delivered product having a viscosity greater than 40 SUS @ 100°F shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications, at purchasing agency’s discretion based on excessive filter maintenance and/or poor vehicle performance.

CLOUD POINT:

Various delivery periods are shown in the LOW TEMPERATURE OPERABILITY TABLE. The cloud point temperature of the material supplied for these various delivery periods shall be no greater than the tenth percentile minimum ambient temperature as listed in the LOW TEMPERATURE OPERABILITY TABLE for the latitudes shown in that table.

COLD FILTER PLUGGING POINT (CFPP):

Various delivery periods are shown in the LOW TEMPERATURE OPERABILITY TABLE. The CFPP of the material supplied for these various delivery periods shall be no greater than the values listed in the LOW TEMPERATURE OPERABILITY TABLE for the latitudes shown in that table. Delivered product having a CFPP temperature greater than one (1°C) degree Centigrade above the maximum but less than seven and one-half (7.5°C) degrees Centigrade above the maximum shall be adjusted in price as detailed in the NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PENALTY DEDUCTIONS. Delivered product having a CFPP temperature of seven and one-half (7.5°C) degrees Centigrade, or greater, above the maximum shall be removed from the site upon the State’s request and the contractor shall pay a price penalty as detailed in the NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PENALTY DEDUCTIONS regardless of whether the fuel oil delivery is removed or not removed. Respective CFPP temperatures shall be listed elsewhere herein.

SULFUR:

The specified maximum Sulfur content for Fuel Oils provided under this contract shall be five hundredths of a percent. Delivered product having a sulfur content greater than five hundredths of a percent (0.05%) shall be adjusted in price as detailed in the NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PENALTY DEDUCTIONS. Delivered product having a sulfur content greater than that allowed by NYCRR, Title 6 Environmental Conservation Law, Chapter III Air Resources, Subchapter A, Subpart 225-1.2.(d) Table 2 shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications.

CETANE RATING:

The specified minimum cetane value for Fuel Oils provided under this contract shall be a forty-two (42.0 CCI) Calculated Cetane Index. Delivered product having a calculated cetane index below forty two (42.0) CCI shall be adjusted in price as detailed in the NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PENALTY DEDUCTIONS. Delivered product having a calculated cetane index below forty (40.0) CCI shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications.




CETANE RATING: (Cont'd)

When a given sample is determined to be in non-compliance of either or both (Calculated & Engine) Cetane Index requirements, then the greater deviation shall be the figure used for the price deduction requirements; except when the Engine Cetane Index exceeds its specified requirement, the “Non-Complying Product - Cetane Content/Price Deduction” shall be waived.

ASH:

The specified maximum ASH content for Fuel Oils provided under this contract shall be one hundredth (0.01%) of a percent, maximum by weight. Delivered product having an ash content greater than two thousandths (0.002%) of a percent above the maximum but less than one tenth (0.010%) of a percent above the maximum shall be adjusted in price as detailed in the NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PENALTY DEDUCTIONS. Delivered product having an ash content of one tenth (0.010%) of a percent or greater above the maximum specified shall be removed from the site upon the State’s request and the contractor shall pay a price penalty as detailed in the NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PENALTY DEDUCTIONS.

LOW TEMPERATURE OPERABILITY TABLE

Shall be the same as listed elsewhere herein for Standard Petroleum Diesel Fuel. NOTE:

When the National Weather Service projects extended cold periods with ambient temperatures significantly lower than those listed in the "Low Temperature Operability Table" or a particular locale frequently/usually has lower ambient temperatures, then the oil supplied relative to those deliveries shall have the maximum cloud and cold filter plugging point temperatures lowered to meet actual low ambient operability requirements.

NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PENALTY DEDUCTIONS:

Shall be the same as indicated under "General Information" herein. FEEDSTOCK DIESEL FUEL OIL REQUIREMENTS:

The Diesel fuels used as feedstocks in the manufacture of B20 BioDiesel fuel shall meet or exceed the requirements of ASTM D975 -96 and the requirements listed below and in Table 2 before being blended to produce the B20 BioDiesel end product.

WORKMANSHIP: Fuel shall be visually free from undissolved water, sediment, and suspended matter. It shall be clear and bright when tested in accordance with ASTM D 4176-93, procedure 1 or 2. Fuel oil shall NOT contain any alcohol.

2D DIESEL (REGULAR) FUEL OIL:

Grade 2D fuel oil shall meet specifications listed in Table 2. 1D DIESEL FUEL OIL:

The Grade 1D fuel oil shall meet the specifications listed in Table 2 below. Kerosene (1- K) meeting and/or exceeding the parameters stated herein for 1D will be considered in lieu of 1D as part of this specification.




REQUIREMENT SUMMARY: TABLE 2:

Except for Water & Sed., max., shall be same as listed under "Requirements Summary" elsewhere herein for "Standard Petroleum Diesel Fuel".

PARAMETER TEST METHOD 1D Diesel Fuel 2D Diesel Fuel Water & Sed., max.: D2709-96 0.02% V/V 0.02% V/V



State of New York

Office of General Services PROCUREMENT SERVICES GROUP

Contract Performance Report Please take a moment to let us know how this contract award has measured up to your expectations. If reporting on more than one contractor or product, please make copies as needed. This office will use the information to improve our contract award, where appropriate. Comments should include those of the product’s end user. Contract No.: Contractor . Describe Product* Provided (Include Item No., if available): *Note : “Product” is defined as a deliverable under any Bid or Contract, which may include commodities (including

printing), services and/or technology. The term “Product” includes Licensed Software.

Excellent Good Acceptable Unacceptable • Product meets your needs • Product meets contract specifications • Pricing CONTRACTOR Excellent Good Acceptable Unacceptable • Timeliness of delivery • Completeness of order (fill rate) • Responsiveness to inquiries • Employee courtesy • Problem resolution Comments: (over) Agency: Prepared by: Address: Title: Date: Phone: E-mail: Please detach or photocopy this form & return by FAX to 518/474-2437 or mail to:

OGS PROCUREMENT SERVICES GROUP Customer Services, Room 3711

Corning 2nd Tower - Empire State Plaza Albany, New York 12242

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REVISED CONTRACT AWARD NOTIFICATION · FAX NO. 585/768-8189 E-mail: [email protected] ... RS,RP,RA Recycled RM Remanufactured SW Solid Waste Imp act EE Energy Efficient E* EPA Energy